In re Sebek

Lane, Judge.

This appeal is from the decision of the Board of Appeals sustaining the examiner’s rejection of claims 1-3 of appellant’s application1 on the ground of obviousness (35 USC 103) over certain prior art. We reverse.

The invention is in the field of chemical synthesis of beta-carotene, a precursor of vitamin A. It had previously been known that beta-carotene could be produced by certain micro-organisms using an aqueous fermentation medium containing citrus molasses, a product obtained from whole citrus peel. Appellant contends that in the prior art processes, the level of citrus…